Resolution 2010-231
RESOLUTION NO. 2010- 231
A RESOLUTION ADOPTING A POLICY TO
GOVERN THE .OPERA TION OF LAKE TRAFFORD
MEMORIAL GARDENS.
WHEREAS, on July 27, 1982, the Board of County Commissioners of Collier County,
Florida adopted a policy (Resolution (82-105)) governing the rights of interment, administration,
maintenance and development of Lake Trafford Memorial Gardens (Cemetery), said Policy
including the disposition of indigent deceased; and
WHEREAS, on September 22, 1987 by Resolution No. 87-224; on May 1, 1990 by
Resolution No. 90-242; on September 9, 2003 by Resolution No. 03-290; and on October 27,
2009 by Resolution No. 09-253, the Board of County Commissioners revised the Policy for the
operation of the Cemetery; and
WHEREAS, the need exists to further revise the Policy for the operation of the
Cemetery to more clearly define the rules and regulations which govern the administration and
development of Lake Trafford Memorial Gardens, and to clarify provisions relating to cremation.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that all previous rules and
regulations for Lake Trafford Memorial Gardens be and hereby are revoked and rescinded, and
that the attached Policy, a copy of which shall be set forth in the Minutes of the Board of County
Commissioners ~~r this day, be and hereby are declared to be those Rules and Regulations which
shall henceforth govern the administration, maintenance and development of Lake Trafford
Memorial Gardens.
TIDS RESOLUTION adopted after motion, second and majority vote this the Jt/-M
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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. FRED W. COYLE, CHAIRM;\~
right
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BOARD OF COUNTY COMMISSIONERS
POLICY
OPERATION OF LAKE TRAFFORD MEMORIAL GARDENS
SECTION ONE:
Purpose
On July 27, 1982, the Board of County Commissioners adopted a policy governing the
rights of interment, administration, maintenance and development of Lake Trafford Memorial
Gardens, said policy including the disposition of indigent deceased.
The need exists to provide a separate, revised policy for the operation of the Lake
Trafford Memorial Gardens to more clearly define the rules and regulations regarding the
establishment of a cremation only policy for unclaimed and indigent deceased, which govern the
administration and development of Lake Trafford Memorial Gardens.
SECTION TWO: Establishment of Rules and Regulations to Govern Administration and
Maintenance of Lake Trafford Memorial Gardens
A. Lake Trafford Memorial Gardens, a cemetery acquired and maintained by Collier
County for the public benefit under authority of Chapter 63-1243, Special Acts of the Florida
State Legislature, and as recorded in Plat Book 8, Page 32 through 40 of the Public Records of
Collier County, Florida, is subject to the following Rules and Regulations prescribed for the
protection of owners' interment rights therein and for the administration, maintenance and
development of the "Gardens."
B. Rescission of previous Rules and Regulations - All preVIOUS Rules and
Regulations for the Gardens are hereby rescinded.
SECTION THREE: Scope of Responsibility
The Administrative Services Division Administrator or designee shall be responsible for
sale of lots, cremation of both unclaimed and indigent persons, maintenance, monitoring of
burial and cremation procedures to ensure compliance with the Rules and Regulations
established herein, and general administration and keeping of records concerning the Gardens.
To the extent authorized by law, no party involved in the cremation of indigent, unidentified or
unclaimed bodies shall be liable for any damages resulting from the cremation.
SECTION FOUR: Definitions
A. Unclaimed. A body is considered unclaimed when:
1. The body has been identified but no legally authorized person (as defined
in Florida Statutes 406.50) can be found to participate in the final disposition of the
body.
2. One or more legally authorized persons, having been contacted, will either
not claim the body for burial, or will not authorize cremation.
B. Indigent. A deceased who, at the time of death, meets one hundred percent
(100%) of the federal poverty level recognized by the Federal Income Guidelines
produced by the United States Department of Health and Human Services.
C. Unidentified. Deceased whose identity cannot be determined after diligent
search.
SECTION FIVE: Regulations Pertaining to Interment
A. Lots or grave spaces shall be used only for burial of human dead. Only one
interment shall be made in a grave (with the exception of interment of mother and infant, or two
children in one casket).
B. Purchase of lot or grave space shall convey only the right of burial therein, subject
to such regulations as may be in force at the time of burial.
C. Burials in aboveground vaults shall be prohibited.
D. Sites shall be located and staked by Real Property Management or by contract
with a private individual, firm or organization if the Administrative Services Division
Administrator gives such approval.
E. Burial Casket and Liner Requirements:
(1) Burial in the Adult Section of the Gardens shall require, at a minimum, a
manufactured, cloth covered casket and a metal or concrete liner.
(2) Burial of decomposed bodies shall require, at a minimum, a metal, sealed
casket similar to the brand name Ziegler and a metal or concrete liner.
(3) Burial in the Infant Section of the Gardens shall require, at a minimum, a
vault-casket combination, dome-sealed, polyfoam fiber plastic, weather
proofed casket; a vault casket combination shall not require an additional liner
for interment.
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(4) All caskets and liners shall be approved by the Administrative Services
Division Administrator or designee and no burials other than with approved
caskets and liners shall be permitted.
(5) Failure to meet these required burial casket and liner requirements will result
in having any and all interment procedures delayed until these requirements
are satisfied.
F. Notice of scheduled funerals must be given to, and an authorization to bury must
be obtained from the Administrative Services Division Administrator or designee no less than
twenty-four (24) hours before the announced time of the funeral.
SECTION SIX:
Indigent Cremation and Burial
A. ELIGIBILITY:
Any person who expires within the confines of Collier County, whether resident or non-
resident, is potentially eligible for cremation or burial. Collier County shall employ the method
of cremation for any indigent, unclaimed, and unclaimed indigent deceased persons.
B. POLICY:
The policy for disposing of bodies at Collier County's expense will be:
(1) UNCLAIMED:
(a) Veteran. Collier County will provide burial or inurnment at a national
cemetery for an eligible veteran in accordance with Florida Statutes 406.50, 406.51 and
C.F.R. 38.
(b) If suitable, Collier County will transfer the body to the Anatomical Board
or research facility as designated in Florida Statutes 406.50.
(c) If the body is ineligible for either of the above, and the Medical
Examiner's office has not requested otherwise, the Collier County Director of Housing,
Human and Veteran Services, or his/her designee, will authorize cremation.
(d) The remains will be held for one hundred-twenty (120) days and, if not
claimed by a legally authorized person, will be disposed of by the funeral home in
compliance with Florida Statutes 497.607(2).
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(2) INDIGENT CREMA nON AND BURIAL:
(a) The Administrative Services Division Administrator or designee shall
assign burial spaces for those persons based on the policy guidelines set forth in
Section C. Those spaces will be made available at the request of the Collier County
Housing, Human and Veteran Services Director or designee. The selection of such
spaces by the County shall be final.
(b) The Administrative Services Division Administrator or designee shall
be responsible for the opening and closing of gravesites for indigent burials and
indigent veteran burials. The burials of indigent and indigent veterans will be in
accordance with the request of the Collier County Public Services Administrator or
designee.
(c) A Request for Deed Certificate to Right of Interment form shall be
made out for each lot used for burial of an indigent person. The first copy of the
Request shall be filed by the Housing, Human and Veteran Services Director, and the
second copy with Real Property Management. No Deed Certificate shall be made out
with respect to the burial of an indigent person.
(d) Veteran. A legally authorized person may request burial or inurnment at a
national cemetery for an eligible veteran in accordance with Florida Statutes 406.50 and
C.F.R. 38. Collier County will not provide burial or inumment locally if eligible for a
national cemetery.
(e) A legally authorized person may request transfer to the Anatomical Board
or research facility as designated in Florida Statutes 406.50.
(f) A legally authorized person may authorize direct (no viewing, no service)
cremation through the County's contracted funeral home(s), and may receive the
cremated remains in accordance with Florida Statutes.
(g) A legally authorized person may claim the body for burial. Collier County
will pay only the current contracted amount for cremation toward a direct (no viewing, no
service) burial with the contracted funeral home(s). No payments will be made to any
party other than the County contracted funeral home(s).
(h) Collier County will not provide a funeral service or financial assistance
toward a funeral service. Upgrades to the County's arrangements with the contracted
funeral home(s) are not permitted.
(i) A legally authorized person or next of kin may claim the remains through
Collier County's contracted funeral homes(s), within one hundred-twenty (120) days and,
if not claimed by a legally authorized person or next of kin, the remains will be disposed
of by the funeral home in compliance with Florida Statutes 497.607(2).
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C. PROCEDURES:
The Collier County Department of Housing, Human and Veteran Services will be
responsible for the implementation of the Indigent Cremation and Burial Program.
Procedures detailing the implementation of the program are the responsibility of the
HHVS Department.
(1) Collier County will make all reasonable efforts to gather pertinent information,
including name, date of birth, Social Security number, date of death, cause of death, next
of kin, financial information, veteran status, willingness of relatives to donate body for
research for education and preference for burial or cremation based on the policies as set
forth in Sections B(1) and B(2) above. In the matter of Indigent cremation, a family
member must be willing to sign an authorization for cremation and disposition for the
funeral home(s).
(2) Upgrades for caskets, cremation urns, vaults, cemetery plots, or additional funeral
services such as viewing and graveside services will not be permitted at County expense.
(3) If identification of a body has not been established, cremation shall be delayed a
minimum of ten (10) days from the official date of death. If identification of the body
has been established and the next of kin has not been found, the body will held for ten
(10) days from the official date of death and until reasonable efforts to locate next of kin
have been exhausted.
(4) Burial of Indigent persons will be authorized and performed once next of kin has
provided payment to Collier County for the difference of the current cremation fee
schedule and the fee schedule for burial services. Collier County Housing, Human and
Veteran Services Department or hislher designee will be responsible for authorizing
Indigent Cremation and Burial service.
(a) Collier County Housing, Human and Veteran Services shall coordinate
with Real Property Management all interment services at the Gardens required for either
the Cremation or Burial of Unclaimed or Indigent deceased. Furthermore, Real Property
Management shall confirm burial/disposition arrangements with the contracted funeral
home, and/or associated vendors.
(5) After disposition of the Unclaimed and Indigent deceased, an itemized statement
requesting payment shall be presented to Collier County Housing, Human and Veteran
Services Department by the funeral home providing the service. Collier County shall
provide payment to the contracted funeral home according to the rates in effect at the
time services were rendered, and included herein, and may be amended from time to time
by Resolution of the Board of County Commissioners.
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SECTION SEVEN: Veteran Section
All veteran gravesites in Lake Trafford Memorial Gardens shall have flat bronze or
marble grave markers. These markers will be fastened into a concrete slab the size of27" x 15"
x 4" and securely set flush with turf.
The maintenance for the Veteran Section will be in accordance to the Maintenance
Procedures further explained in Section Ten.
SECTION EIGHT: Sale of Lots
A. Purchase of interment rights shall be from Collier County only. No sales shall be
made other than to natural persons, except to funeral homes for immediate use. No resale or
transfer of interment rights other than by involuntary operation of law shall be permitted, except
that the County shall repurchase by quit claim deed any unused right upon request from the
owner thereof for the original price, less recording or other fees, and any other actual
determinable expenses. No lot owner shall accept remuneration for the use of his/her lot. No
single buyer shall be permitted to purchase lots in number beyond his reasonable anticipated
requirements as determined by the County. These provisions are expressly for the provision of
any speculation in interment rights.
B. Procedures for sale of lots - The Administrative Services Division Administrator
or designee shall:
(1) Take calls from prospective purchasers.
(2) Execute Request for Deed Certificate to Right of Interment and collect
purchase price:
(a) First copy of Request for Deed Certificate to Right oflnterment shall
be given to purchaser as a receipt.
(b) Second copy of Request for Deed Certificate to Right of Interment
shall be retained in Real Property Management's Lake Trafford
Cemetery files.
(c) Upon execution of a Request for Deed Certificate to Right of
Interment by the Administrative Services Division Administrator or
designee, a Deed Certificate shall be completed and sent to the
Board of County Commissioners' office for execution by the
Chairman. Upon execution, the Deed Certificate will be delivered to
the Clerk of the Courts for recording. After recording, the Deed
Certificate will be mailed by the Administrative Services Division
Administrator or designee to the purchaser as soon as practical. A
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copy of the recorded Deed Certificate will be filed by Real Property
Management in the Gardens files.
(d) When a burial takes place, the date relating to the deceased will be
entered into the "Record of Interment" section of the Request for
Deed Certificate to Right of Interment. Cross-index cards by
deceased names and Deed Certificate numbers will be completed and
filed.
(e) Arrangement for burials on privately-owned lots would be made
through funeral homes, which provide the site preparation crews.
C. Proceeds from Sale of Lots
(1) Sales price of lots shall be as determined by resolution of the Board of
County Commissioners.
(2) Full payment for grave spaces shall be made in cash or by check.
(3) Proceeds from sale shall be transmitted to the Finance Department, and a
receipt therefore shall be obtained for the Real Property Management's Gardens
files.
(4) The owner of interment rights in any unused lot or group of unused lots
may make application to the Administrative Services Division Administrator or
designee for a return of the purchase price for such lot or lots, less recording fees
and any other determinable actual cost. Upon receipt of such a request, the
Administrative Services Division Administrator or designee shall have the owner
execute a quit claim deed for the lot or lots in favor of Collier County, and give
the owners in exchange thereof a receipt specifying the amount of refund to be
payable upon acceptance of the quit claim deed. Real Property Management will
secure a refund check from Collier County's Finance Department and mail to the
owner at the address shown on the quit claim deed.
(5) The proceeds from the sale of interment spaces shall be used to help
defray expenses of development, administration and maintenance of the Gardens.
All such funds received over and above such expenses may be deposited in a trust
fund on a yearly basis. Such trust fund, when it shall become large enough that
there is sufficient income for the purpose, shall constitute a perpetual care fund
for further development and maintenance of the Gardens.
D. Approved Documentary Forms - the forms listed below are approved for use by
the Administrative Services Division Administrator or designee in accordance with this policy.
(1) Request for Deed Certificate for Right of Interment with Rules &
Regulations on reverse side.
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(2) Deed Certificate.
SECTION NINE: Grave Markers
A. In order to preserve uniformity, grave markers shall be approved by the
Administrative Services Division Administrator or designee. The Administrative Services
Division Administrator shall have the right to change gravesite requirements when deemed
necessary .
B. Grave memorials shall be set on the allocated grave space only. No memorial
may be set to embrace two or more grave spaces unless first approved in writing by the
Administrative Services Division Administrator.
C. Only flat bronze or marble tablets, set flush with the turf, may be used as grave
markers. The Administrative Services Division Administrator, prior to the delivery of the
markers to the Gardens, must approve any other grave marker types.
D. The Administrative Services Division Administrator or designee shall have the
right to remove any and all grave markers, grave memorials or personal property placed on a
grave space that is not in accordance with this governing policy.
SECTION TEN:
Maintenance Procedures
A. Grass shall be mowed and shrubs and bushes trimmed as needed.
B. Grounds shall be policed and trash removed when accumulations become noticeable.
C. Graves shall be tended and dressed as required; fill shall be added to maintain
ground level.
D. Seed and fertilizer shall be used as needed to maintain grounds.
E. Gardens may be maintained (to include duties of caretaker) by Collier County's Parks
& Recreation Department or Facilities Management Department, or by contract with
a private individual, firm, or organization if the Administrative Services Division
Administrator gives such approval.
F.
the budget.
The cost of work done at the Gardens shall be budgeted as a separate section of
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SECTION ELEVEN:
Other Appurtenances
A. Enclosures of any nature, such as fences, arches, hedge or ditch around a lot or
group of lots are prohibited. Grave mounds are also strictly prohibited.
B. No trees, plants or shrubs shall be planted, pruned or removed except with the
prior written approval of the Administrative Services Division Administrator, or designee.
SECTION TWELVE:
Conduct
Any activities within the confines of the Gardens, which are conducted in disregard of its
solemnity, including but not limited to, drunkenness, hunting, picnicking, or the
disposition of trash or litter thereon, are strictly prohibited, and offenders shall not be
permitted on the premises and may be subject to prosecution.
SECTION THIRTEEN:
Reservation of Authority
This Policy shall be amended or rescinded only by the authority of the Board of County
Commissioners.
SECTION FOURTEEN: Effective Date
This Pol~ is approved and adopted by the Board of County Commissioners this
/J./+h dayof .JJ~]/~ ,2010.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
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Fred W. Coyle, Chairman)
Approved as to form and
legal sufficiency:
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Jeff r' ht, Assistant County Attorney
Revis 1/22/2010
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